Can my paycheck be taken from my mom's account if I have a garnishment on my checking accounts.?

Question

My checking account is getting garnished so I stopped all direct deposits on it. I'm moving them over to my mother's account at the same bank. I'm not a signer on the account for her at all and she will give me the cash each month to pay my bills. I tried going to get legal help but everyone told me nothing can be done except bankruptcy which I can't afford or stopping direct deposit. The credit company wont even work with me. Can they still sieze my paycheck even if its being deposited into someone elses account in which I'm not a signer on? She banks at the same bank I do but that's it. I'm fine with them garnishing my wages but the checking account will put me on the streets real quickly. It may be safer to have the check direct deposited into my father's checking account at another bank. Please if you have any ideas of whether or not they can do this or I should switch everything over to my father's account please let me know.

I live in Missouri.
It is actually being taken from my checking account no joke its at a negative right now because of them.
They still think I work at my old job so they have yet to actually garnish my wages.

Answer 1

Are you still paying them? I mean putting money into the account that they are garnishing? Are they garnishing it or do they have a "HOLD" on your account until the funds are paid? You take a risk having Direct deposit into ANY account, they can and will find out and then your mother's funds will be held as well. The best thing you can do is get your paycheck in your hand, then cash it at a check cashing store or something of the like, then you can deposit the money into your mom's account. That won't stop them from going further though. The credit a**holes may even try to get the money taken directly out of your check, they do this by going to court and getting a legal document to send to your job, then your employer will know your in debt as well. It sucks, but if I were you, I'd do what I could to get it paid off asap, they don't care what your circumstances are, they just want their money.
STOP DIRECT DEPOSIT all together !!!!


Additional:

For Chef,,, I live in Illinois and this happened to me, they froze my account. I owed medical bills, under my name alone, I did not have the money, my child was sick, they put a "hold" on my bank account which also had my husband's name on it and neither of us could touch the money in there until the funds were enough to pay off the debt. I went to the bank, the creditor, everyone because my husband had direct deposit and we had to pay rent, they did NOT care... just said.. pay the debt and we'll lift the hold... the judges don't care either, they grant these bloodsuckers the permission to do these things without the slightest regard to circumstance !! I had to borrow money to be able to get the rent paid, then my husband cancelled his direct deposit until we had enough $$ to pay off the debt.. for all those saying they can't legally do it... they did... it happened to me and I went to a lawyer too and they told me there was nothing that could be done because they had a signed judgement against me. I begged everyone and their brother from bank workers to nasty receptionists at the company responsible.. this was over a medical bill... not like I charged up shoes or something, my son was very ill and needed treatment, if I would have had the $$ I would have paid.. regardless... they can do it in some states.. they DID do it... STOP DIRECT DEPOSIT ASAP !!!

Answer 2

You could probably contact the original creditor who successfully tried the judgement and got a court order to receive money via wage garnishment. You missed your big chance at court, and you're lucky you don't have a warrant for not showing up after being served. Well, you might check on THAT also... just a friendly heads up. Ignoring a summons is grounds for "Contempt of Court". And they might not show up at your door, but the next time you get pulled over for a ticket, you might be getting cuffed and stuffed. I would call the police station to see if you've got a warrant. If you do, get down to the courthouse ASAP and see the judge that was scheduled for your case and beg forgiveness. Since you have a judgement against you, nobody has any reason to release your lien until the debt is paid in full. Nobody involved cares about your expenses, bills or rent. They want their money. As far as being "garnished" before your court date, that is something you'll have to take up with your creditor. That doesn't make sense, but then again, I'm not involved. I hope this doesn't sound angry or mean, but just the facts, ma'am. Good luck. By the way, with a joint account, they'll take the money regardless of who earned it. Yes, even "the other person's money". But a wage garnishment means that they'll contact your HR/employer to take the money before it even goes on your paycheck or direct deposit. Often they will garnish your checking account to avoid you being embarassed at work. But if you close the account, they WILL eventually get the money from you one way or another.

Answer 3

If you are in the USA, the garnishment is most likely NOT on your bank account, it is on your wages. To make sure of this, if you look on your pay stub there will be a section that states something other than taxes. Mine actually says garnishment on it.
HTH
***by the way***
If you are in the USA, you will get another court notification after about a month of them garnishing. What happens, and it SHOULD happen this way, is your employer takes the $ out of your check, but does not turn it over to the lawyer than handled the creditor side of the garnishment until they go to court (your employer and the Creditor) and your employer is ordered to do so. Don't panic thinking they are taking more if you get this notice in a month. I did and I felt really stupid! LOL

*****Seizing*****
When they stop all usage on your accounts, that is called freezing your assets. If they take them, it is called seizing your assets. They have to have a court order specifically allowing them to do so. You need to look at the judgement they have gotten to find out what you can do and how to do it, if you do not want to hire a lawyer that is. I know of no state where they can take all of your assests like that, unless you are under 18. If you are under 18, you should see a lawyer immediately as this is a credit card issue (at least your post reads like it is) and you need to legal advice immediately because you should not have been issued a card unless you were 18 or older. They may also be seizing your assets assuming you live at home and have no rental costs. Get an attorney A good attorney will give you a consult for free and depending on if they want to take on the case or not may just give you free advice.
Good luck!

Answer 4

It all depends on what state you live in and they may be able to garnish you wages so you need to have that check out.

They cannot take money out of your Mom's account if you are not on her account.

Do not direct deposit as it leaves a trail for them to follow. Get your check cash it and give the cash to your Mom or Dad to hold for you

Answer 5

hey how are you no one as the right to access your account unless you give your permission like signing a direct debit form . no company can garnish 100% of you wages leaglly and if they do they are breaking the law because you need money to live on. no matter what account you choose to use they will garnish your wages before it gets to the bank if you still work that is .so if your mothers account is only in her name and you have not signed or your mother has not signed anything to give permission for funds to come out of this account no one can leaglly touch it . having said that if it is goverment like taxation evan if you went bankrupt you still have to pay the moneys because bankrupt does not cover goverment bodies. so close all accounts in your name and open new ones with different account numbers.

Answer 6

I don't think legally they can touch your mothers account unless you are a minor. If this is the case, then they may be able to. If this is the case, why don't you just open an account at your fathers' bank? I also don't think they can take enough money that it leaves you broke and on the streets. I think legally, they still have to allow you enough money to live.

Answer 7

Usually garnishments come from your check via the employer, not the checking account

Answer 8

What if you simply get a paper check, and then deposit that check into someone else s account. If your name is not on that account, how can anyone claim that money? Just asking.... forget the check cashing places they charge you through the nose sometimes!!

Answer 9

I believe they will contact your employer to have your wages garnished before you are paid if they can no longer get it out of your checking account.

Answer 10

Garnishment can be done on other accounts such as your mother if it was found out that your money are being diverted to said account